END-USER
LICENSE AGREEMENT FOR MIT LFM SOFTWARE
TACTICAL
PLANNING MODEL 1.0
By
download the TPM application, you are agreeing to the
following End-User License Agreement. Please read
this agreement (it contains all the usual stuff), and
then click on the "Download" button at the
bottom of the page for instructions on downloading
the TPM software.
Back to the TPM home
page.
END-USER
LICENSE AGREEMENT FOR MIT LFM SOFTWARE
TACTICAL
PLANNING MODEL 1.0
IMPORTANT-READ
CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you
(either an individual or a single entity) and the MIT
Leaders for Manufacturing Program (“MIT
LFM”) for the MIT LFM software product
identified above, which includes computer software
and associated media and printed materials, and may
include "online" or electronic
documentation ("SOFTWARE PRODUCT" or
"SOFTWARE"). By installing, copying, or
otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA.
SOFTWARE
PRODUCT LICENSE
The
SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1. GRANT
OF LICENSE. This EULA grants you the
following rights:
a.
You may use an unlimited number of copies of the MIT
LFM Software Product identified above on an unlimited
number of computers for your personal use. The
SOFTWARE is in "use" on a computer when it
is loaded into temporary memory (i.e., RAM) or
installed into permanent memory (e.g., hard disk,
CD-ROM, or other storage device) of that computer.
However, installation on a network server for the
sole purpose of internal distribution to one or more
other computer(s) shall not constitute
"use" for which a separate license is
required, provided you have a separate license for
each computer to which the SOFTWARE is distributed.
b.
If you are not a MIT LFM member or partner company,
you may not use the SOFTWARE for personal or
corporate profit or gain without prior expressed
consent from MIT LFM.
c.
Solely with respect to electronic documents included
with the SOFTWARE, you may make an unlimited number
of copies (either in hardcopy or electronic form),
provided that such copies shall be used only for
internal purposes and are not republished or
distributed to any third party.
2. OWNERSHIP.
Except as expressly licensed to you in this
Agreement, MIT LFM retains all right, title, and
interest in and to the SOFTWARE PRODUCT; provided,
however, that, subject to the license grant in
Section 1.a and MIT LFM's ownership of the underlying
SOFTWARE PRODUCT, you shall own all right, title and
interest in and to any Derivative Technology of the
Product created by or for you.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text,
and "applets" incorporated into the
SOFTWARE PRODUCT), the accompanying printed
materials, and any copies of the SOFTWARE PRODUCT are
owned by MIT LFM or its suppliers. The SOFTWARE
PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must
treat the SOFTWARE PRODUCT like any other copyrighted
material except that you may either (a) make one
copy of the SOFTWARE PRODUCT solely for backup or
archival purposes or (b) install the SOFTWARE
PRODUCT on a single computer provided you keep the
original solely for backup or archival purposes. You
may not copy any printed materials accompanying the
SOFTWARE PRODUCT.
4.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations
on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE, except and
only to the extent that such activity is expressly
permitted by applicable law notwithstanding this
limitation.
b. Rental.
You may not rent or lease the SOFTWARE PRODUCT.
c. Software
Transfer. You may permanently transfer all
of your rights under this EULA, provided that you
retain no copies, you transfer all of the SOFTWARE
PRODUCT (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity), and the
recipient agrees to the terms of this EULA.
d. Termination.
Without prejudice to any other rights, MIT LFM may
terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you
must destroy all copies of the SOFTWARE PRODUCT.
5. U.S.
GOVERNMENT RESTRICTED RIGHTS. THE SOFTWARE
PRODUCT AND DOCUMENTATION ARE PROVIDED WITH
RESTRICTED RIGHTS. USE, DUPLICATION, OR DISCLOSURE BY
THE GOVERNMENT IS SUBJECT TO RESTRICTIONS AS SET
FORTH IN SUBPARAGRAPH (C)(1)(II) OF THE RIGHTS IN
TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS
252.227-7013 OR SUBPARAGRAPHS (C)(1) AND (2) OF THE
COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS AT 48
CFR 52.227-19, AS APPLICABLE. MANUFACTURER IS MIT
LEADERS FOR MANUFACTURING, 77 MASSACHUSETTS AVE.,
E40-430, CAMBRIDGE, MA 02139.
MISCELLANEOUS
If
you acquired this product in the United States, this
EULA is governed by the laws of the State of
Massachusetts.
Should
you have any questions concerning this EULA, or if
you desire to contact MIT LFM for any reason, please
contact Professor Stephen C. Graves, 77 Massachusetts
Avenue, E40-439, Cambridge, MA 02139, USA.
DISCLAIMER
OF WARRANTY
DISCLAIMER
OF WARRANTIES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MIT LFM AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE
PRODUCT. THE USER ASSUMES THE ENTIRE RISK OF USING
THE PROGRAM. ANY LIABILITY OF PROVIDER OR
MANUFACTURER WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT.
NO
LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MIT LFM OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MIT
LFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
This
software is copyright © 1997, Massachusetts
Institute of Technology Leaders for Manufacturing.
Portions of this software are copyright © 1996, John
D. Ruark. The Macintosh version is © 1996,
Massachusetts Institute of Technology Leaders for
Manufacturing. Portions of the Macintosh version are
© 1994, Massachusetts Institute of Technology. All
rights are reserved by all parties.
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